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1. A party at a hearing of an appeal against a notice may be represented by any person. The appellant can be represented by solicitor, counsel, or a person who is not legally qualified. You will be represented by a lawyer appointed via Legal Adviser’s Office or your Solicitor Agent.
2. Legal Aid is not available to appellants for Employment Tribunal proceedings.
3. Tribunals are legally required to ensure that the lack of Legal Aid for the proceedings does not infringe the overriding objective and Article 6 of the European Convention on Human Rights. This requires that there should be an "equality of arms" in order to ensure that a party to any proceedings has a fair trial. However the non-availability of Legal Aid has not been held to be an infringement 1.
4. At the hearing either party may:
The Tribunal can however place restrictions on either parties input to a hearing.
5. Any opening submission on your behalf should:
6. Your witness statement will stand as your evidence in chief unless otherwise ordered. You will therefore routinely only give oral evidence in response to cross examination.
7. You should remain seated when giving evidence or addressing the Tribunal. No transcript of the proceedings will be taken unless the parties arrange to have a shorthand note taken. You should watch the Chairman's pen and not proceed too fast so that a proper note may be taken.
8. The hearing will normally proceed in the following way:
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